Cybercrime laws in India:IT Act offences, penalties & your rights
- By Suresh Kumar, Aran Law Firm
- Tamil Nadu, India
- 12 min read
- Updated June 2026
KEY FACTS - CYBERCRIME LAW IN INDIA
- The Information Technology Act, 2000 (IT Act) is the primary legislation governing cybercrime in India, covering hacking, data theft, online fraud, cyberstalking, and obscene content.
- Hacking is punishable under Section 66 of the IT Act with up to 3 years imprisonment and/or a fine of up to ₹5 lakh.
- Data theft and unauthorised access is an offence under Section 43 (civil liability) and Section 66 (criminal liability) of the IT Act.
- Online fraud is prosecuted under the IT Act as well as the Bharatiya Nyaya Sanhita, 2023 (BNS).
- Section 66A of the IT Act was struck down by the Supreme Court in Shreya Singhal v. Union of India (2015) — it is no longer enforceable law.
- Victims can file complaints at cybercrime.gov.in or at the nearest police cyber cell. Helpline: 1930.
If you have received a threat online, had your data stolen, or been defrauded through a digital transaction, Indian law gives you specific criminal and civil remedies under the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023.
What does the IT Act 2000 cover and what has changed since?
The IT Act is India’s principal legislation on cybercrime and electronic commerce. It defines specific offences, assigns criminal penalties, and creates civil liability for damage caused to computer systems.
The IT (Amendment) Act, 2008 introduced cyber terrorism (Section 66F), sending sexually explicit material without consent (Section 66E), and identity theft (Section 66C). The BNS, which replaced the Indian Penal Code from 1 July 2024, also affects how cybercrime is prosecuted in parallel with the IT Act.
Critical correction: Section 66A of the IT Act was unanimously struck down by the Supreme Court in Shreya Singhal v. Union of India [2015] 5 SCC 1. It is no longer in force. Any complaint or legal advice relying on Section 66A is citing dead law.
What is hacking and what does Section 66 punish?
Hacking gaining unauthorised access to a computer system, network, or data is a criminal offence under Section 66 of the IT Act.
Section 66 — IT Act (Criminal liability)
Hacking, unauthorised access done dishonestly or fraudulently
Section 43 — IT Act (Civil liability)
Unauthorised access, download, copy, or damage to computer systems
Section 72 — IT Act (Breach of confidentiality)
Disclosure of electronic records accessed under the Act without consent
How is online fraud prosecuted in India?
| Section | Offence and penalty |
|---|---|
| Section. 66C | Identity theft misusing another’s password or electronic signature. Up to 3 years + ₹1 lakh fine. |
| Section. 66D | Cheating by impersonation using a computer or device. Up to 3 years + ₹1 lakh fine. |
| BNS 318 | Replaces IPC Section 420 (cheating). Applies alongside the IT Act for online fraud. |
What are the laws against cyberstalking in India?
| Section | Offence and penalty |
|---|---|
| Section. 354D | Repeatedly contacting a woman electronically against her will. First: 3 years. Repeat: 5 years. |
| Section. 67 | Publishing obscene material electronically. First: 3 years + ₹5 lakh. Repeat: 5 years + ₹10 lakh. |
| Section. 67A | Transmitting sexually explicit material. First offence: up to 5 years + ₹10 lakh fine. |
What is online defamation and can you file a case in India?
Online defamation is publishing a false statement on social media, websites, or messaging apps that damages someone’s reputation.
| Remedy | Details |
|---|---|
| BNS 356 | Criminal defamation (formerly IPC 499). Simple imprisonment up to 2 years, or fine, or both. VERIFY |
| Civil suit | Sue for damages in court. No statutory cap on damages in India. Document all posts with screenshots and timestamps before content is deleted. |
How to file a cybercrime complaint in India
- cybercrime.gov.in - report financial fraud, cyberstalking, and online abuse. No police visit needed to start.
- Helpline 1930 - call immediately after financial cybercrime to attempt transaction reversal.
- Tamil Nadu Police Cyber Crime Wing - Chennai victims can approach the Commissioner's Office cyber crime unit.
- FIR at any police station - for serious offences such as hacking, data theft, or stalking under the BNSS.
